1 If an accused is not legally responsible due to a mental disorder and if the application of Article 19 paragraph 4 or 263 SCC165 is not an option, the public prosecutor shall make a written application to the court of first instance for a measure in accordance with Articles 59–61, 63, 64, 67 or 67b or 67e SCC, without abandoning the proceedings beforehand due to the accused not being legally responsible due to a mental disorder.166
2 The court of first instance may in consideration of the accused's state of health or to protect the accused's privacy:
a.
conduct the proceedings in the absence of the accused;
b.
exclude the public from the proceedings.
3 It shall give any private claimant the opportunity to comment on the application made by the public prosecutor and on his or her civil claim.
4 The provisions on the main proceedings at first instance otherwise apply.
166 Amended by Annex No 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 20128819).